HomeMy WebLinkAbout3/5/2014 - STAFF REPORTS Date: March 4, 2014
To: Director of Planning Services
From: Assistant Director of Public Works/Assistant City Engineer
Subject: Case No. 5.1323 CONFORMITY REPORT; TTM36651
APPLICATION FOR APPROVAL OF A TENTATIVE TRACT MAP TO SUBDIVIDE
APPROXIMATELY 2.3 ACRES INTO 18 SINGLE FAMILY RESIDENTIAL LOTS LOCATED
SOUTH OF TWIN PALMS DRIVE BETWEEN CAMINO REAL AND CALLE PALO FIERRO
(APN 511-041-003), SECTION 26, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M., CASE
NO. 5.1323 CONFORMITY REPORT; TTM36651.
The Engineering Division recommends that if this application is approved, such approval is
subject to the following conditions being completed in compliance with City standards and
ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer.
STREETS
ENG 1. It is recommended that a City of Palm Springs Encroachment Permit be issued for
construction of any improvements within the public right-of-way.
ENG 2. It is recommended that the developer submit street improvement plans prepared by
a registered California civil engineer to the .City Engineering Division. It is
recommended that the plans be approved by the City Engineer prior to issuance of
any grading or building permits.
ENG 3. It is recommended that the applicant be required to construct asphalt concrete
paving for streets in two separate lifts. The final lift of asphalt concrete pavement
shall be postponed until such time that on-site construction activities are complete,
as may be determined by the City Engineer. It is recommended that paving of
streets in one lift prior to completion of on-site construction not be allowed, unless
prior authorization has been obtained from the City Engineer. It is recommended
that completion of asphalt concrete paving for streets prior to completion of on-site
construction activities, if authorized by the City Engineer, require additional paving
requirements prior to acceptance of the street improvements, including, but not
limited to: removal and replacement of damaged asphalt concrete pavement,
overlay, slurry seal, or other repairs, as required by the City Engineer.
ENG 4. It is recommended that when public dedications of easements or rights-of-way over
Tribal Allottee land are required, the applicant be responsible for compliance with all
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Bureau of Indian Affairs (B.I.A.) requirements, including payment of any BIA fees,
obtaining appraisals and payment of just compensation to the underlying owner. It is
recommended that the applicant be responsible for determining what additional
costs or other requirements may be necessary to obtain any required public
dedications as identified by the City for this development. It is recommended that
required public dedications for easements or rights-of-way are "without limitation as
to tenure"; it is recommended that easements granted with a defined term, or made
in connection with an underlying Indian Land Lease, not be accepted.
ENG 5. It is recommended that upon completion of required improvements by the applicant,
and as a condition of acceptance by the City Engineer, that the applicant prepare for
the City Engineer's approval of an Affidavit of Completion in accordance with Section
169.16, Title 25, of the Code of Federal Regulations, for any improvements
constructed by the applicant for which an easement was dedicated to the City
through the Bureau of Indian Affairs. It is recommended that the Affidavit of
Completion be provided to and approved by the City Engineer prior to final
acceptance of the project, including issuance of a final certificate of occupancy. It is
recommended that the applicant be responsible for obtaining the necessary form for
the Affidavit of Completion from the Palm Springs Agency of the Bureau of Indian
Affairs, and for having it completed as necessary by the applicant's Engineer of
Record.
ENG 6. The public street improvements outlined in these conditions of approval are
recommended to convey to the applicant an accurate scope of required
improvements, however, the City Engineer reserves the right to recommend
reasonable additional improvements as may be determined in the course of the
review and approval of street improvement plans recommended by these conditions.
TWIN PALMS DRIVE
ENG 7. It is recommended that additional right-of-way be dedicated for a property line -
corner cut back at the southwest corner of the intersection of Twin Palm Drive and
Camino Real in accordance with City of Palm Springs Standard Drawing No. 105.
ENG 8. It is recommended that additional right-of-way be dedicated for a property line —
corner cut back at the southeast corner of the intersection of Twin Palms Drive and
Calle Palo Fierro in accordance with City of Palm Springs Standard Drawing No.
105.
ENG 9. It is recommended that existing street improvements be removed as necessary to
construct a 6 inch curb and gutter 20 feet south of centerline along the entire
frontage, with a 35 feet radius curb return at the southwest corner of the intersection
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of Twin Palm Drive and Camino Real in accordance with City of Palm Springs
Standard Drawing No. 200 and 206.
ENG 10. It is recommended that the driveway approaches for Lots 2 through 17, be
constructed in accordance with City of Palm Springs Standard Drawing No. 201.
ENG 11. It is recommended that a 5 feet wide sidewalk be constructed behind the curb along
the Twin Palms Drive frontage in accordance with City of Palm Springs Standard
Drawing No. 210.
ENG 12. It is recommended that a Type A curb ramp meeting current California State
Accessibility standards be constructed at the southeast and southwest corners of the
intersections of Twin Palms Drive with Calle Palo Fierro and Camino Real,
respectively, in accordance with City of Palm Springs Standard Drawing No. 212.
ENG 13. It is recommended that a minimum pavement section of 3 inches asphalt over 6
inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95%
relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of
pavement along the entire Twin Palms Drive frontage in accordance with City of
Palm Springs Standard Drawing No. 110 and 315. It is recommended that if an
alternative pavement section is proposed, that the proposed pavement section be
designed by a California registered Geotechnical Engineer using "R" values from the
project site and submitted to the City Engineer for approval.
ENG 14. It is recommended that all broken or off grade street improvements along the project
frontage shall be repaired or replaced.
CAMINO REAL
ENG 15. It is recommended that an additional 4 feet be dedicated to provide the ultimate half
street right-of-way of 44 feet along the entire frontage, together with a property line —
comer cut back at the southwest corner of the intersection of Camino Real and Twin
Palms Drive, in accordance with City of Palm Springs Standard Drawing No. 105.
ENG 16. It is recommended that existing street improvements be removed as necessary to
construct a 6 inch curb and gutter 32 feet west of centerline along the entire
frontage, with a 35 feet radius curb return at the southwest corner of the intersection
of Camino Real and Twin Palms Drive in accordance with City of Palm Springs
Standard Drawing No. 200 and 206.
ENG 17. It is recommended that the south half of a 6 feet wide cross utter and spandrel andrel be
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constructed at the southwest corner of the intersection of Camino Real and Twin
Palms Drive with a flow line parallel with and located 32 feet west of the centerline of
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Case No. 5.1323 CONFORMITY REPORT; TTM36651
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Camino Real, to match existing cross gutter located at the northwest corner, in
accordance with City of Palm Springs Standard Drawing No. 200 and 206.
ENG 18. It is recommended that the driveway approach for Lot 18, be constructed in
accordance with City of Palm Springs Standard Drawing No. 201.
ENG 19. It is recommended that a 5 feet wide sidewalk be constructed behind the curb along
the Camino Real frontage in accordance with City of Palm Springs Standard
Drawing No. 210.
ENG 20. It is recommended that a minimum pavement section of 3 inches asphalt over 6
inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95%
relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of
pavement along the entire Camino Real frontage in accordance with City of Palm
Springs Standard Drawing No. 110 and 330. It is recommended that if an alternative
pavement section is proposed, that the proposed pavement section be designed by
a California registered Geotechnical Engineer using "R" values from the project site
and submitted to the City Engineer for approval.
ENG 21. It is recommended that all broken or off grade street improvements along the project
frontage shall be repaired or replaced.
ENG 22. It is recommended that the concrete box is identified and the condition of the box is
addressed.
CALLE PALO FIERRO
ENG 23. It is recommended that a full half street right-of-way of 30 feet be dedicated along
the entire frontage, together with a property line — corner cut back at the northwest
corner of the subject property in accordance with City of Palm Springs Standard
Drawing No. 105.
ENG 24. It is recommended that existing street improvements be removed as necessary to
construct a 6 inch curb and gutter 20 feet east of centerline at the intersection with
Twin Palms Drive, tapered to match existing face of curb located at the southwest
corner of the site; it is recommended that a 25 feet radius curb return be constructed
at the southeast corner of the intersection of Calle Palo Fierro and Twin Palms Drive
in accordance with City of Palm Springs Standard Drawing No. 200 and 206.
ENG 25. It is recommended that the south half of a 6 feet wide cross-gutter and spandrel be
constructed at the southeast corner of the intersection of Calle Palo Fierro and Twin
Palms Drive with a flow line parallel with and located 20 feet east of the centerline of
Calle Palo Fierro, to match existing cross gutter located at the northeast corner, in
accordance with City of Palm Springs Standard Drawing No. 200 and 206.
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March 4, 2014
ENG 26. It is recommended that the driveway approach for Lot 1 , be constructed in
accordance with City of Palm Springs Standard Drawing No. 201.
ENG 27. It is recommended that a 5 feet wide sidewalk be constructed behind the curb along
the Calle Palo Fierro frontage in accordance with City of Palm Springs Standard
Drawing No. 210.
ENG 28. It is recommended that a minimum pavement section of 3 inches asphalt over 6
inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95%
relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of
pavement along the entire Calle Palo Fierro frontage in accordance with City of Palm
Springs Standard Drawing No. 110 and 315. It is recommended that if an alternative
pavement section is proposed, that the proposed pavement section be designed by
a California registered Geotechnical Engineer using "R" values from the project site
and submitted to the City Engineer for approval.
ENG 29. It is recommended that all broken or off grade street improvements along the project
frontage shall be repaired or replaced.
SANITARY SEWER
ENG 30. It is recommended that all sanitary facilities be connected to the public sewer
system, and that new laterals not be connected at manholes.
GRADING
ENG 31. It is recommended that a Precise Grading Plan prepared by a California registered
Civil engineer be submitted to the Agua Caliente Band of Cahuilla Indians (ACBCI)
Engineering Division for review and approval. It is recommended that the Precise
Grading Plan be approved by the ACBCI prior to issuance of grading permit.
ENG 32. It is recommended that prior to issuance of grading permit, the applicant shall pay
the Tribal Habitat Conservation Plan (THCP) fee to the Agua Caliente Band of
Cahuilla Indians in accordance with the THCP.
ENG 33. It is recommended that drainage swales be provided adjacent to all curbs and
sidewalks to keep nuisance water from entering the public streets, roadways, or
gutters.
ENG 34. It is recommended that a Notice of Intent (NOI) to comply with the California General
Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified
September 2, 2009) be required for the proposed development via the California
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Regional Water Quality Control Board online SMARTS system. It is recommended
that a copy of the executed letter issuing a Waste Discharge Identification (WDID)
number be provided to the Agua Caliente Band of Cahuilla Indians prior to issuance
of a grading or building permit.
ENG 35. It is recommended that this project be required to prepare and implement a
stormwater pollution prevention plan (SWPPP). As of September 4, 2012, it is
recommended that all SWPPPs include a post-construction management plan
(including Best Management Practices) in accordance with the current Construction
General Permit. Where applicable, it is recommended that the approved final
project-specific Water Quality Management Plan be incorporated by reference or
attached to the SWPPP as the Post-Construction Management Plan. It is
recommended that a copy of the up-to-date SWPPP be kept at the project site and
be available for review upon request.
ENG 36. It is recommended that a Geotechnical/Soils Report prepared by a California
registered Geotechnical Engineer be required for and incorporated as an integral
part of the grading plan for the proposed development. It is recommended that a
copy of the Geotechnical/Soils Report be submitted to the Agua Caliente Band of
Cahuilla Indians with the first submittal of a grading plan.
ENG 37. It is recommended that the applicant provide all necessary geotechnical/soils
inspections and testing in accordance with the Geotechnical/Soils Report prepared
for the project. It is recommended that all backfill, compaction, and other earthwork
shown on the approved grading plan be certified by a California registered
geotechnical or civil engineer, certifying that all grading was performed in
accordance with the Geotechnical/Soils Report prepared for the project. It is
recommended that no certificate of occupancy be issued until the required
certification is provided to the Agua Caliente Band of Cahuilla Indians.
ENG 38. It is recommended that the applicant provide pad elevation certifications for all
building pads in conformance with the approved grading plan, to the Agua Caliente
Band of Cahuilla Indians prior to construction of any building foundation.
ENG 39. In the event that the export of soil is required from the proposed development during
grading, it is recommended that the applicant obtain clearance from the Department
of Food and Agriculture for export of native soil in the form of an approved
"Notification of Intent To Move Soil From or Within Quarantined Areas of Orange,
Riverside, and Los Angeles Counties" (RIFA Form CA-1) in cooperation with the
Riverside County Agricultural Commissioner and the California Department of Food
and Agriculture Red Imported Fire Ant Project. The California Department of Food
and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone:
760-776-8208).
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ENG 40. It is recommended that a mylar copy of the approved Grading Plan be provided to
the City Engineering Division for the City's information, use, and files.
WATER QUALITY MANAGEMENT PLAN
ENG 41. It is recommended that this project be required to install measures in accordance
with applicable National Pollution Discharge Elimination System (NPDES) Best
Management Practices (BMP's) included as part of the NPDES Permit issued for the
Whitewater River Region from the Colorado River Basin Regional Water Quality
Control Board (RWQCB). The applicant is advised that installation of BMP's,
including mechanical or other means for pre-treating contaminated stormwater and
non-stormwater runoff, shall be required by regulations imposed by the RWQCB. It
is recommended that it be the applicant's responsibility to design and install
appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept
and pre-treat contaminated stormwater and non-stormwater runoff from the project
site, prior to release to the City's municipal separate storm sewer system ("MS4"), to
the satisfaction of the City Engineer and the RWQCB. It is recommended that such
measures be designed and installed on-site; and provisions for perpetual
maintenance of the measures be provided, including provisions in Covenants,
Conditions, and Restrictions (CC&Rs) for the development.
ENG 42. It is recommended that a Final Project-Specific Water Quality Management Plan
(WQMP) be submitted to and approved by the Agua Caliente Band of Cahuilla
Indians prior to issuance of a grading or building permit. It is recommended that the
WQMP address the implementation of operational Best Management Practices
(BMP's) necessary to accommodate nuisance water and storm water runoff from the
site. It is recommended that the direct release of nuisance water to the adjacent
property or public streets be prohibited and that construction of operational BMP's
be incorporated into the Precise Grading Plan.
ENG 43. It is recommended that prior to issuance of any grading or building permits, the
property owner record a "Covenant and Agreement" with the County-Clerk Recorder
or other instrument on a standardized form to inform future property owners of the
requirement to implement the approved Final Project-Specific WQMP. Other
alternative instruments for requiring implementation of the approved Final Project-
Specific WQMP include: requiring the implementation of the Final Project-Specific
WQMP in Home Owners Association or Property Owner Association Covenants,
Conditions, and Restrictions (CC&Rs); formation of Landscape, Lighting and
Maintenance Districts, Assessment Districts or Community Service Areas
responsible for implementing the Final Project-Specific WQMP; or equivalent. It is
recommended that alternative instruments be approved by the Agua Caliente Band
of Cahuilla Indians prior to the issuance of any grading or building permits.
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ENG 44. It is recommended that prior to issuance of certificate of occupancy or final tribal
approvals, the applicant shall:
(a) demonstrate that all structural BMP's have been constructed and installed in
conformance with approved plans and specifications;
(b) demonstrate that applicant is prepared to implement all non-structural BMP's
included in the approved Final Project-Specific WQMP, conditions of approval, or
grading/building permit conditions; and
(c) demonstrate that an adequate number of copies of the approved Final Project-
Specific WQMP are available for the future owners (where applicable).
DRAINAGE
ENG 45. It is recommended that all stormwater runoff passing through the site shall be
accepted and conveyed across the property in a manner acceptable to the Agua
Caliente Band of Cahuilla Indians (ACBCI). It is recommended for all stormwater
runoff falling on the site, on-site retention or other facilities approved by the ACBCI
be required to contain the increased stormwater runoff generated by the
development of the property. It is recommended that a hydrology study be provided
to determine the volume of increased stormwater runoff due to development of the
site, and to determine required stormwater runoff mitigation measures for the
proposed development. It is recommended that final retention basin sizing and other
stormwater runoff mitigation measures be determined upon review and approval of
the hydrology study by the ACBCI and may require redesign or changes to site
configuration or layout consistent with the findings of the hydrology study. It is
recommended that on-site open space, in conjunction with dry wells and other
subsurface solutions be considered as alternatives to using landscaped parkways
for on-site retention.
ENG 46. It is recommended that storm drainage improvements and retention improvements
be privately maintained with provisions included in Covenants, Conditions, and
Restrictions (CC&Rs) for the maintenance of the storm drainage improvements and
retention improvements.
ENG 47. This property is located within a special flood hazard area (SFHA), and is subject to
the provisions of the Federal Emergency Management Agency (FEMA), and
applicable state laws and regulations. Specifically, this property is located within a
designated SFHA identified by Zone AO (depth = 1) as shown on the current Federal
Insurance Rate Map (FIRM) for the City of Palm Springs, California, Riverside
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Case No. 5.1323 CONFORMITY REPORT; TTM36651
March 4, 2014
County, Community Panel Number 06065C1566G, dated August 30, 2008. It is
recommended that the applicant comply with all applicable local, state and federal
laws and regulations associated with development occurring within a SFHA.
ENG 48. It is recommended that the applicant provide the City Building Department with the
elevation of the lowest floor (including basement) and that the elevation certification
be done, on a form acceptable to FEMA, by a registered professional civil engineer
or surveyor.
ENG 49. In accordance with Chapter 8.68.140(A)5 and Chapter 8.68.140(D)2(b) of the Palm
Springs Municipal Code and 44 CFR 60.3(d)(4), it is recommended that the
applicant submit an application to the Federal Emergency Management Agency
(FEMA) for FEMA's issuance of a Conditional Letter of Map Revision (CLOMR). It is
recommended that a complete application for the CLOMR, including all appropriate
technical studies and hydraulic analyses, and payment of required FEMA application
fees, be submitted and approved by FEMA, prior to approval of a grading plan and
issuance of grading permit. It is recommended that final Agua Caliente Band of
Cahuilla Indian approvals associated with this project, including approval of a
Grading Plan for any portion of this property, or approval of a final map, not be given
by the ACBCI, until approval of the applicant's CLOMR application to FEMA is
provided to the ACBCI by evidence of a CLOMR issued by FEMA.
ENG 50. It is recommended that within six months of information becoming available or
project completion, whichever comes first, the applicant be required to submit an
application to the Federal Emergency Management Agency (FEMA) for FEMA's
issuance of a Letter of Map Revision Based On Fill (LOMR-F) in accordance with
Chapter 8.68.140(A)5 and Chapter 8.68.140(D)2(b) of the Palm Springs Municipal
Code and 44 CFR 60.3(d)(4). It is recommended that a complete application for the
LOMR, including all appropriate technical studies and hydraulic analyses, record
drawings ("as-builts"), topographic surveying, and payment of required FEMA
application fees, be submitted and approved by FEMA, prior to issuance of a
building permit. It is recommended that a building permit for construction of any
building on this property currently located within a special flood hazard area not be
issued until the Agua Caliente Band of Cahuilla Indians receives final approval of the
applicant's LOMR application to FEMA by evidence of a LOMR issued by FEMA.
GENERAL
ENG 51. It is recommended that any utility trenches or other excavations within existing
asphalt concrete pavement of off-site streets required by the proposed development
be backfilled and repaired in accordance with City of Palm Springs Standard
Drawing No. 115. It is recommended that the applicant be responsible for removing,
grinding, paving and/or overlaying existing asphalt concrete pavement of off-site
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streets as required by and at the discretion of the City Engineer, including additional
pavement repairs to pavement repairs made by utility companies for utilities installed
for the benefit of the proposed development (i.e. Desert Water Agency, Southern
California Edison, Southern California Gas Company, Time Warner, Verizon, etc.).
Multiple excavations, trenches, and other street cuts within existing asphalt concrete
pavement of off-site streets required by the proposed development may require
complete grinding and asphalt concrete overlay of the affected off-site streets, if
recommended by the City Engineer. It is recommended that the pavement condition
of the existing off-site streets be returned to a condition equal to or better than
existed prior to construction of the proposed development.
ENG 52. It is recommended that all proposed utility lines be installed underground.
ENG 53. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all
existing and proposed electrical lines of thirty-five thousand volts or less and
overhead service drop conductors, and all gas, telephone, television cable service,
and similar service wires or lines, which are on-site, abutting, and/or transecting,
shall be installed underground unless specific restrictions are shown in General
Orders 95 and 128 of the California Public Utilities Commission, and service
requirements published by the utilities. It is recommended that the existing overhead
utilities along Calle Palo Fierro be installed underground. It is recommended that a
detailed plan approved by the owners of the affected utilities depicting all above
ground facilities in the area of the project to be undergrounded, be submitted to the
Engineering Division prior to issuance of a building permit (IF applicable). It is
recommended that undergrounding of existing overhead utility lines be completed
prior to issuance of a certificate of occupancy.
ENG 54. It is recommended that all existing utilities be shown on the Precise Grading Plan
required for the project and that the existing and proposed service laterals be shown
from the main line to the property line.
ENG 55. It is recommended that upon approval of any improvement plan by the City
Engineer, the improvement plan shall be provided to the City in digital format,
consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing
exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. It is recommended
that any variation of the type and format of the digital data to be submitted to the City
be authorized by prior approval by the City Engineer.
ENG 56. It is recommended that the original improvement plans prepared for the proposed
development and approved by the City Engineer be documented with record
drawing "as-built' information and returned to the City Engineering Division prior to
issuance of a certificate of occupancy. It is recommended that any modifications or
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changes to approved improvement plans be submitted to the City Engineer for
approval prior to construction.
ENG 57. It is recommended that nothing be constructed or planted in the corner cut-off area
of any intersection or driveway which does or will exceed the height required to
maintain an appropriate sight distance per City of Palm Springs Zoning Code
Section 93.02.00, D.
ENG 58. It is recommended that all proposed trees within the public right-of-way and within 10
feet of the public sidewalk and/or curb have City approved deep root barriers
installed in accordance with City of Palm Springs Standard Drawing No. 904.
MAP
ENG 59. It is recommended that a Final Map be prepared and recorded with the Riverside
County Recorder for the subject development, and a mylar copy provided to the City
Engineering Division for the City's information, use, and files.
ENG 60. It is recommended that a copy of draft Covenants, Conditions and Restrictions
(CC&Rs) be submitted to the City Attomey for review and approval for any
restrictions related to the City Engineering Division's recommendations prior to
approval of the Final Map.
TRAFFIC
ENG 61. It is recommended that a minimum of 48 inches of clearance be provided on public
sidewalks for accessibility. The City recommends that minimum clearance on public
sidewalks be provided by either an additional dedication of a sidewalk easement (if
necessary) and widening of the sidewalk; or by the relocation of any obstructions
within the public sidewalk along the Twin Palm Drive, Camino Real, and Calle Palo
Fierro frontages of the subject property.
ENG 62. It is recommended that all damaged, destroyed, or modified pavement legends,
traffic control devices, signing, and striping associated with the proposed
development be replaced as required by the City Engineer prior to issuance of a
Certificate of Occupancy.
ENG 63. It is recommended that a 30 inch stop sign, stop bar, and "STOP" legend be installed
for traffic at the southwest corner of Twin Palms Drive and Camino Real in
accordance with City of Palm Springs Standard Drawing Nos. 620-625 and the
California Manual on Uniform Traffic Control Devices for Streets and Highways,
dated January 13, 2012, or subsequent editions in force at the time of construction,
as required by the City Engineer.
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Case No. 5.1323 CONFORMITY REPORT; TTM36651
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ENG 64. It is recommended that any existing street signage be relocated as necessary after
the proposed curb and gutter and sidewalks are constructed on Twin Palms Drive,
Camino Real, and Calle Palo Fierro.
ENG 65. It is recommended that all required traffic striping and signage improvements be
completed in conjunction with required street improvements, to the satisfaction of the
City Engineer, and prior to issuance of a certificate of occupancy.
ENG 66. It is recommended that construction signing, lighting and barricading be provided
during all phases of construction as required by City Standards or as directed by the
City Engineer. As a minimum, all construction signing, lighting and barricading is
recommended to be in accordance with Part 6 "Temporary Traffic Control" of the
California Manual on Uniform Traffic Control Devices for Streets and Highways,
dated January 13, 2012, or subsequent editions in force at the time of construction.
ENG 67. It is recommended that the Transportation Uniform Mitigation Fee be paid prior to
issuance of building permit in accordance with the Coachella Valley Association of
Governments fee structure for single family residences.
Submitted: Date:
David J. Barakian
Director of Public Works/City Engineer
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CITY COUNCIL STAFF REPORT
DATE: March 5, 2014 Consent Calendar
SUBJECT: APPROVAL OF A CONFORMITY REPORT FOR THE 18 @ TWIN
PALMS PROJECT, LOCATED ON TRIBAL TRUST LAND OF THE AGUA
CALIENTE BAND OF CAHUILLA INDIANS, AT THE SOUTHWEST
CORNER OF SOUTH CAMINO REAL AND TWIN PALMS, ZONE R-3,
CASE NO. 5.1323 MISC.
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
The Agua Caliente Band of Cahuilla Indians (ACBCI or Tribe) proposes to develop
approximately 2.3-acres of land owned in Tribal Trust at the southwest corner of South
Camino Real and Twin Palms. The project consists of a total of 18 detached single-
family residences.
In accordance with the Agreement for Tribal / City Land Use Coordination
("Agreement'), Appendix 4 of the Zoning Code, the City has prepared the following
Conformity Report contained herein. The Council may approve the Conformity Report,
transmit it to the Tribe for their consideration and conclude its review of the project.
RECOMMENDATION:
Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS APPROVING A CONFORMITY REPORT ON THE PROPOSED
18 @ TWIN PALMS PROJECT, LOCATED ON TRIBAL TRUST LAND OF THE AGUA
CALIENTE BAND OF CAHUILLA INDIANS, SOUTHWEST CORNER OF SOUTH
CAMINO REAL AND TWIN PALMS; DIRECTING STAFF TO TRANSMIT SAID
REPORT TO THE TRIBAL COUNCIL OF THE AGUA CALIENTE BAND OF CAHUILLA
INDIANS; AND WAIVING THE JOINT MEETING BETWEEN THE CITY COUNCIL AND
TRIBAL COUNCIL FOR CASE 5.1323."
ITEM NO.
City Council Staff Report
March 5, 2013 -- Page 2
Case 5.1323 Misc. (Conformity Report)— 18 @ Twin Palms Project
PRIOR ACTIONS:
On January 15, 2014, the Planning Department for the Agua Caliente Band of Cahuilla
Indians met with the City Planning Department to submit and discuss the Project Report
on the 18 @ Twin Palms project.
On February 4, 2014, the City Planning Department prepared the Administrative
Analysis for City Council review and approval, as required by Agreement. On February
5, 2014, the Council received and filed the Analysis.
On February 11, 2014, the Tribe submitted a response letter to the Administrative
Analysis noting all development impact fees and assessments identified, except "New
Construction Tax" levied under Municipal Code Section 3.94.020, will be paid by the
developer.
On February 24, 2014, the Architectural Advisory Committee reviewed the proposed
project and provided comments and recommendations (see attached draft meeting
minutes).
PROJECT LOCATION:
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SUBJECT SITE
PROJECT ANALYSIS:
General Plan
Land Use Designation Density Proposed Compliance
MDR (Medium Density Up to 15 dwelling units/acre Residential use at 8.0 Yes
Residential) d.u. /ac.
City Council Staff Report
March 5, 2013-- Page 3
Case 5.1323 Misc. (Conformity Report)- 18 @ Twin Palms Project
Zoning
R-2 Zone Proposed Compliance
Uses permitted Multi-family residential, hotel Single-family residential Yes
and single family residential per
R-1-A development standards
Development Standards (Per R-1-A as required by R-2 Zone for single family residences (Section
92.03.01 A 1 of Palm Springs Zoning Code
R-2 4 R-1-A Zone Proposed Compliance
Re uirement
Lot Standards
Minimum Area 20,000 square feet 4,985 square feet No Yes, with PDD approval)
Minimum Width 130 feet 30 feet No (Yes, with PDD approval)
interior lot
Minimum Width 140 feet 48 feet No(Yes, with PDD approval)
cornea lot
Min. Depth 120 feet 162 feet Yes
Building Height 12 feet at setbacks, increasing 15 feet and 1 story Yes
to a maximum of 18 feet on a
4:12 plane. 1 story
Yard Setbacks
Front 25 feet 20 feet No (Yes, with AMM or PDD
approval)
Side interior lot 10 feet 3 feet and 7 feet No (Yes, with PDD approval)
Side corner lot 20 feet 25 feet Yes
Rear 15 feet 10 feet for corner lots No(Yes, with PDD approval)
30 feet for interior lots Yes
Pool /S as S feet 5 feet Yes
Distance Between 15 feet 10 feet No(Yes, with PDD approval)
Buildings
Lot Coverage 35% maximum 45% maximum No (Yes, with PDD approval)
Off-Street Parking 2 covered spaces per single 2 covered spaces per Yes
family residence single famil residence
While the project does not conform to all development standards of the Zoning Code,
similar projects with similar setbacks have been approved by the City through the
Planned Development District process.
SUGGESTED CONDITIONS OF APPROVAL:
The City has developed a set of suggested conditions for consideration by the Tribe in
its review of the project. These conditions are attached and made a part of this
Conformity Report; they include recommendations for compliance with City and State
ordinances and the payment of impact fees and assessments.
LAND USE COORDINATION AGREEMENT:
As previously noted in the Administrative Analysis, the project site is located on Tribal
Trust Land and subject to the Land Use Coordination Agreement established by the
Palm Springs City Council and ACBCI Tribal Council. This Agreement recognizes the
3
City Council Staff Report
March 5, 2013-- Page 4
Case 5.1323 Misc. (Conformity Report)— 18 @ Twin Palms Project
Tribe's sovereign authority within the Reservation and provides for City review and
comment on projects proposed on Tribal Trust Property, including the Village Traditions
site.
Staff reviewed the project in light of the requirements of the Land Use Coordination
Agreement which describes a specific process for review (see attached). The table
below summarizes the timeframe of coordinated review:
SECTION TIMELINE REQUIRED TIMELINE
1. PRE-SUBMITAL N/A N/A
2. SUBMISSION OF 90 DAYS PRIOR TO TRIBAL APPROVAL JANUARY 15, 2014
PROJECT REPORT
3. ADMINISTRATIVE CC REVIEW 30 DAYS AFTER SUBMISSION OF FEBRUARY 5, 2014
REVIEW ITEM 2
4. CONFORMITY REPORT CC ADOPTS WITHIN 30 DAYS OF RECEIVING MARCH 5, 2014
ITEM 3
5. JOINT MEETING CITY AND TRIBAL COUNCILS WITHIN 30 DAYS MARCH 2, 2014
OF ADOPTING ITEM 4
6. FINAL TRIBAL ACTION 90 DAYS AFTER ITEM 2 NO SOONER THAN
APRIL 15, 2014
Section 7 of the Agreement states that "with the approval of both parties, any portion of
the foregoing process may be waived if the Project is not deemed significant, if the
Project is found to be conforming, or if due to the exigencies of time the normal process
cannot be accommodated." Since the project is generally conforming to the General
Plan and Zoning Code in terms of use and density, both the City and Tribal staffs
sought to expedite the review process and deemed the following waivers acceptable:
1. Portion of Section 2. "...at least ninety (90) days prior to Tribal approval of the
project..."
2. Portion of Section 5. Joint Meeting. "... Within thirty (30) days (of the City
Council's adoption of the Conformity Report), the Tribal Council and City
Council shall schedule a Joint Meeting to discuss the Conformity Report and
whether any measures should be taken to make the project more conforming
with the rules, regulations, and ordinances of both the City and Tribe."
Therefore, in support and continued maintenance of the cooperative relationship
between the City and the Tribe, staff recommends that the City Council revise the
procedures of the Agreement as described above, and in concert with the Tribe's
agreement, by waiving the ninety (90) day review period and joint Council Meeting for
this project.
4
City Council Staff Report
March 5, 2013-- Page 5
Case 5.1323 Misc. (Conformity Report)— 18 @ Twin Palms Project
NOTIFICATION:
Under the Agreement, notification of a project on Tribal Trust land is not required. On
January 15, 2014, the Tribal Planning Office provided notification to surrounding
properties as a part of their environmental review process.
Staff has received correspondence from the public on the item (see attached).
Comments generally relate to parking impacts. The project is adjacent to the Ace Hotel
which utilizes the subject site as overflow parking. Staff notes that the proposed
development is not required to provide overflow parking, and the burden of hotel parking
will be an enforcement issue for the Ace Hotel to resolve.
CONCLUSION:
The proposed development is consistent with the General Plan Land Use and Zoning
Code permitted uses as a single-family residential project. The development standards
are being modified similar to other Planned Development Districts approved by the City.
Staff has prepared this report as the project's Conformity Report for approval by the City
Council under the terms of the Agreement for Tribal / City Land Use Coordination on
Certain Parcels. Staff recommends the City Council approve the Conformity Report for
Case 5.1323 (with attached suggested conditions of approval) for the transmittal to the
Tribal Council and also waive certain review requirements required by the Agreement.
FISCAL IMPACT:
Generally, fiscal impacts will be minimal. All impact fees and assessments will be paid by
the developer with the exception of the "New Construction Tax" required under Municipal
Code Section 3.94.020. Nonpayment of this fee will result in an estimated loss of
$864.00 per residence and a total loss of about $15,552 to the general fund for the entire
project.
M. arg hee , AICP David H. Ready, Es
Director of Planning Services City Manager
ATTACHMENTS
1. Vicinity Map
2. Draft Resolution with Recommended Conditions of Approval
3. Tribal / City Land Use Coordination Agreement
4. 18 @ Twin Palms Project Report
5. Draft AAC Minutes, 2/29/2014 (excerpt)
6. Public Correspondence (4 letters)
5
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CITY OF PALM SPRINGS
CASE NO: 5.1323 MISC DESCRIPTION: Review of project report for
18 @ Twin Palms — 18 single-family
APPLICANT: Agua Caliente Band of residences at the southwest corner of Twin
Cahuilla Indians Palms and South Camino Real, Zone R-2,
Section 26.
6
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS APPROVING A CONFORMITY REPORT
ON THE PROPOSED 18 @ TWIN PALMS PROJECT,
LOCATED ON TRIBAL TRUST LAND OF THE AGUA
CALIENTE BAND OF CAHUILLA INDIANS, SOUTHWEST
CORNER OF SOUTH CAMINO REAL AND TWIN PALMS;
DIRECTING STAFF TO TRANSMIT SAID REPORT TO
THE TRIBAL COUNCIL OF THE AGUA CALIENTE BAND
OF CAHUILLA INDIANS; AND WAIVING THE JOINT
MEETING BETWEEN THE CITY COUNCIL AND TRIBAL
COUNCIL FOR CASE 5.1323.
WHEREAS, on December 15, 1998, the City Council of Palm Springs and the
Tribal Council of the Agua Caliente Band of Cahuilla Indians ("Tribe") entered into a
"Land Use Coordination Agreement" which provides for City review and comment on
projects outside of the "Land Use Agreement" of 1977, while retaining the Tribe's final
approval and authority over projects on Tribal Land; and
WHEREAS on February 3, 1999, the City and the Tribe amended the "Land Use
Agreement" of 1977 with Supplement No. 5, which exempted all Tribal lands from the
"Land Use Agreement" of 1977 subject to the aforementioned "Land Use Coordination
Agreement'; and
WHEREAS, pursuant to Section 8 of said Agreement, the City Council and Tribal
Council may waive procedural requirements of the Agreement, as follows:
118. Waiver. With the approval of both parties, any part of the foregoing
process may be waived if the Project is not deemed significant or if the project is
found to be conforming, or if due to the exigencies of time the normal process
cannot be accommodated."
and
WHEREAS, on January 15, 2014, the Tribe submitted to the City a Project
Report for the 18 @ Twin Palms project located at the southwest corner of South
Camino Real and Twin Palms, on roughly 2.3 acres of Tribal Trust land within Section
26; and
WHEREAS, said Project Report was transmitted to the City for review and
comment under the terms of the Agreement, including an Administrative Analysis
completed on February 5, 2014, and a Conformity Report reviewed on March 5, 2014;
and
WHEREAS, on March 5, 2014, the City Council conducted a public meeting at
which meeting the Council considered the matter, including the Tribe's Project Report, a
draft Conformity Report and related exhibits; and
7
Resolution No.
Page 2
WHEREAS, the City Council has concluded that the proposed 18 @ Twin Palms
project generally conforms to the standards of the R-2 Zone, and associated provisions
of the Palm Springs Zoning Ordinance, including Planned Development District as an
option to modify development standards, such that it is "not deemed significant under
the terms of the Agreement and such that the certain procedures may be waived under
Section 7 of the Agreement."
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The Conformity Report (dated March 5, 2014), including the
suggested conditions contained in Exhibit "A" attached and made a part thereto, is
hereby approved and staff is directed to transmit said Report to the Tribe.
SECTION 2. The following requirements of the Agreement for Tribal / City Land
Use Coordination on Certain Parcels are hereby waived for the project, Case 5.1323:
• Portion of Section 2. "...at least ninety (90) days prior to Tribal approval of the
project..."
• Portion of Section 5. Joint Meeting. "...Within thirty (30) days (of the City
Council's adoption of the Conformity Report), the Tribal Council and City
Council shall schedule a Joint Meeting to discuss the Conformity Report and
whether any measures should be taken to make the project more conforming
with the rules, regulations, and ordinances of both the City and Tribe."
ADOPTED THIS 5th day of March, 2014.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
Resolution No.
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
9
Resolution No.
Page 4
EXHIBIT A
Case No. 5.1323 Misc. (Conformity Report)
18 @ Twin Palms
Southwest Corner of South Camino Real and Twin Palms
March 5, 2014
RECOMMENDED CONDITIONS OF APPROVAL
The recommended conditions below are provided by the Planning Director, Building
Official, Fire Chief and City Engineer or their designee, depending on which department
recommended the condition.
PLANNING DEPARTMENT
PLN 1 . Outdoor Lighting Conformance. It is recommended that an exterior lighting
plan, including a photometric site plan showing the project's conformance with
Section 93.21 .00 Outdoor Lighting Standards of the Palm Springs Zoning
ordinance, be submitted for approval by the Department of Planning Services
or Tribal Planning Department prior to issuance of a building permit.
Manufacturer's cut sheets of all exterior lighting on the building and in the
landscaping shall be included. If lights are proposed to be mounted on
buildings, down-lights shall be utilized. No lighting of hillsides is permitted.
PLN 2. Water Efficient Landscaping Conformance. It is recommended that the
project conform to the City's Water Efficient Landscape Ordinance (Chapter
8.60.00) of the Palm Springs Municipal Code and all other water efficient
landscape ordinances, including the State of California's Water Efficient
Landscape Ordinance. It is recommended that landscape plans be approved
by the Riverside County Agricultural Commissioner's Office.
PLN 3. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of
the Municipal Code regarding public art. The project shall either provide
public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee
shall be based upon the total building permit valuation as calculated pursuant
to the valuation table in the Uniform Building Code, the fee being 1/2% for
commercial projects or 1/4% for residential projects with first $100,000 of total
building permit valuation for individual single-family units exempt. Should the
public art be located on the project site, said location shall be reviewed and
approved by the Director of Planning and Zoning and the Public Arts
Commission, and the property owner shall enter into a recorded agreement to
maintain the art work and protect the public rights of access and viewing.
10
Resolution No.
Page 5
PLN 4. Park Development Fees. The developer shall dedicate land or pay a fee in
lieu of a dedication, at the option of the City. The in-lieu fee shall be
computed pursuant to Ordinance No. 1632, Section IV, by multiplying the
area of park to be dedicated by the fair market value of the land being
developed plus the cost to acquire and improve the property plus the fair
share contribution, less any credit given by the City, as may be reasonably
determined by the City based upon the formula contained in Ordinance No.
1632. In accordance with the Ordinance, the following areas or features shall
not be eligible for private park credit: golf courses, yards, court areas,
setbacks, development edges, slopes in hillside areas (unless the area
includes a public trail) landscaped development entries, meandering
streams, land held as open space for wildlife habitat, flood retention facilities
and circulation improvements such as bicycle, hiking and equestrian trails
(unless such systems are directly linked to the City's community-wide system
and shown on the City's master plan).
PLN 5. Impact Fees. The developer shall pay to the City or designated entity (e.g.
Palm Springs Unified School District) all related impact fees, including, but not
limited to, sewer and drainage fees, public art fees and regional impact fees
(TUMF).
ENGINEERING & PUBLIC WORKS DEPARTMENT
(To be provided prior to City Council action.)
FIRE DEPARTMENT
FID 1 These conditions are subject to final plan check and review. Initial fire
department conditions have been determined on the site plan dated
November 14, 2013 . Additional requirements may be required at that time
based on revisions to site plans.
FID 2 Fire Department Conditions were based on the 2013 California Fire Code.
Four complete sets of plans for private fire service mains, fire alarm, or fire
sprinkler systems must be submitted at time of the building plan submittal.
FID 4 Public Safety CFD: The Project will bring a significant number of additional
residents to the community. The City's existing public safety and recreation
services, including police protection, criminal justice, fire protection and
suppression, ambulance, paramedic, and other safety services and recreation,
library, cultural services are near capacity. Accordingly, the City may
determine to form a Community Services District under the authority of
Government Code Section 53311 et seq, or other appropriate statutory or
municipal authority. Developer agrees to support the formation of such
assessment district and shall waive any right to protest, provided that the
I1
Resolution No.
Page 6
amount of such assessment shall be established through appropriate study and
shall not exceed $500 annually with a consumer price index escalator. The
district shall be formed prior to sale of any lots or a covenant agreement shall
be recorded against each parcel, permitting incorporation of the parcel in the
district.
FID 5 Access During Construction (CFC 503): Access for firefighting equipment
shall be provided to the immediate job site at the start of construction and
maintained until all construction is complete. Fire apparatus access roads
shall have an unobstructed width of not less than 20 feet and an unobstructed
vertical clearance of not less than 13'6". Fire Department access roads shall
have an all weather driving surface and support a minimum weight of 73,000
lbs.
FID 6 Portable Fire Extinguishers During Construction (CFC 3315.1): Structures
under construction shall be provided with not less than one approved portable
fire extinguisher (2A-10BC minimum rating) in addition of one fire extinguisher
in each storage/construction shed and construction office.
FID 7 Premises Identification (CFC 505.1): New and existing buildings shall have
approved address numbers, building numbers or approved building
identification placed in a position that is plainly legible and visible from the
street or road fronting the property. These numbers shall contrast with their
background. Address numbers shall be Arabic numbers or alphabetical
letters. Numbers shall be a minimum of 4 inches high for SFR occupancies
and 6" - 12" for all other occupancies depending on distance from street with
a minimum stroke width of 0.5 inch. Where access is by means of a private
road and the building cannot be viewed from the public way, a monument,
pole or other sign or means shall be used to identify the structure.
FID 8 NFPA 13D Fire Sprinklers Required: An automatic fire sprinkler system is
required. Only a C-16 licensed fire sprinkler contractor shall perform system
design and installation. System to be designed and installed in accordance
with NFPA standard 13D, 2010 Edition, as modified by local ordinance. The
contractor should submit fire sprinkler plans as soon as possible. No portion
of the fire sprinkler system may be installed prior to plan approval.
FID 9 Residential Smoke and Carbon Monoxide Alarms Installation with Fire
Sprinklers (CFC 907.2.10.1.2, 907.2.10.2 & 907.2.10.3; CRC R315): Provide
and install Residential Smoke and Carbon Monoxide Alarms (Kidde SM120X
Relay / Power Supply Module connected to multi-station Kidde smoke and
carbon monoxide alarms or equal system and fire sprinkler flow switch).
Alarms shall receive their primary power from the building wiring, and shall be
equipped with a battery backup. In new construction, alarms shall be
interconnected so that operation of any smoke alarm, carbon monoxide alarm
or fire sprinkler flow switch causes all smoke and carbon monoxide alarms
12
Resolution No.
Page 7
within the dwelling to sound and activate the exterior horn/strobe.
The wiring of this system shall be in accordance with Kidde SM120X Relay /
Power Supply Module manual and Figure 2 (see attached). The 120 volt
device wired to turn on when alarm sounds is the exterior horn / strobe. The
pull for fire device is the fire sprinkler flow switch.
FID 10 Additional Residential Smoke Alarm Requirements (NFPA 72: 29.5.1.3):
Where the interior floor area for a given level of a dwelling unit, excluding
garage areas, is greater than 1,000 Sq. Ft., the additional requirements are
that all points on the ceiling shall have:
a. A smoke alarm within a distance of 30 ft travel distance or
b. An equivalent of one smoke alarm per 500 Sq. Ft. of floor area.
One smoke alarm per 500 Sq. Ft. is evaluated by dividing the total interior
square footage of floor area per level by 500 Sq. Ft.
FID 11 Carbon Monoxide Alarm or Detector Locations (NFPA 720: 9.4.1.1 &
9.4.1.2; CRC R315.3): Carbon monoxide alarms or detectors shall be
installed as follows:
(1) Outside of each separate dwelling unit sleeping area in the
immediate vicinity of the bedrooms
(2) On every occupiable level of a dwelling unit, including basements,
excluding attics and crawl spaces
(3) Other locations where required by applicable laws, codes, or
standards
Each alarm or detector shall be located on the wall, ceiling, or other location
as specified in the manufacturer's published instructions that accompany the
unit.
FID 12 Audible Residential Water Flow Alarms (CFC 903.4.2): An approved
audible sprinkler flow alarm (Wheelock horn/strobe # MT4-115-WH-VFR with
WBB back box or equal) shall be provided on the exterior of the building in an
approved location. The horn/strobe shall be outdoor rated.
END OF RECOMMENDED CONDTIONS OF APROVAL
13
APPENDIX 4
be processed through the City,with the City collecting its
APPENDIX 4 normal fees and charges.Any party aggrieved by an action
of the City Council in any such planning and zoning mat-
AGREEMENT FOR TRIBAL CITY ters was given the right to appeal any action of the City to
TRIBAL/CITY LAND COORDINATION the Tribal Council with the Tribal Council having the abil-
ON CERTAIN PARCELS ity,following a noticed hearing,to affirm,reverse,or mod-
AGREEMENT 41324A ify any decision of the City Council on any matter affect-
R19450, 1-6-99 ing Indian Trust Lands, with the decision of the Tribal
Council being final,after consideration of the recommen-
TH1S AGREEMENT FOR TRIBAL CITY LAND dation of the Indian Planning Commission,as well as ap-
USE REVIEW ON CERTAIN PARCELS("Agreement") plicable federal and tribal law; and
is made this 15th day of December, 1998 by and between
the AGUA CALIENTE BAND OF CAHUILLA E. WHEREAS, the Land Use Agreement has been
INDIANS,acting through its Tribal.Council(the"Tribe"), amended from lime to time, by Supplements 2, 3, and 4,
and the CITY OF PALM SPRINGS,CALIFORNIA,act- and most recently by Supplement No.5.which would ex-
ing through its City Council,a municipal corporation(the empt all land acquired by the Tribe from regulation by the
City). This Agreement is made with reference to the fol- City, including: Application of all laws, ordinances, and
lowing codes; application of all fees, including drainage,sewer,
school,Uniform Transportation Mitigation fees,building
RECITALS: and other fees. The taking of title to parcels into trust by
the United States for the tribe would exempt such property
A. WHEREAS,the Tribe is a federally recognized In- from regular City taxes such as property taxes,sales taxes,
dian tribe which exercises its sovereign authority over the transient occupancy taxes,and others;and
lands of the Agua Caliente Indian Reservation according
to a constitution approved by the Commissioner of Indian F. WHEREAS, the Tribe has generally supported de-
Affairs,as well as applicable federal law,with portions of velopment consistent with the City's General Plan and
the City of Palm Springs located within the boundaries of other ordinances and regulations but has the authority to j f
federal Indian reservation;and adopt its own land use plan and policies;and
B. WHEREAS, the city of Palm Springs is a charter G. WHEREAS, the Tribe has commenced a program,
city,possessing lull powers with respect to municipal af- when economically feasible,to reacquire any Trust Land
fairs to regulate the territory under its jurisdiction and in which has been sold in fee. To facilitate Indian develop-
accordance with the California Constitution, its Charter ment on such Land,the Tribe would like to have an expe-
and State law.The trust land of the Agua Caliente Indian dited process for City review and comment on said pro-
Reservation are interspersed in a checkerboard pattern jects. The Tribe is willing to consider such review and
within that portion of the City located within the Reserva- continent if given in a timely manner. The City believes
tion;and that the opportunity to provide review and comment,but
not approval,of such projects would be valuable to assure
C. WHEREAS, both the Tribe and the City wish to that such projects are integrated with surrounding devel-
cooperate in promoting the orderly and expeditious use opment and to assure that the City's and the Tribe's nor-
and development of all lands of the Agua Caliente Indian mal development standards are maintained insofar as pos-
Reservation to their highest and best use consistent with sible.In addition,both parties believe that all development
principles of sound planning and the sovereignty of the throughout the City on both Tribal and non-Tribal land
tribe; and should make a fairshare contribution in exaction, fees or
other consideration to pay for the burdens imposed by the
D. WHEREAS,on July 26, 1977.the Tribe and the City development on the City or for the benefits received by the
entered into that certain Agreement No. 1324(hereinafter development from the City.
the "Land Use Agreement"), adopted by city Council
Resolution No. 12298. Pursuant to that Agreement, the IN CONSIDERATION OF THE FOREGOING,
parties agreed that applications for issuance of permits and THE PARTIES HEREBY AGREE AS FOLLOWS:
development pertaining to any Trust lands would initially
A-26
14
APPENDIX 4
I. Pre-Submittal. minor shall require the agreement of the chief
staff planning official of each party but,in the
Prior to the initiation of a Project on Tribal event of a disagreement, the opinion of the
Land and initiation of the process detailed be- Tribe's planning official shall govern.It is the
low, the Tribe, where feasible, will consult intent of the parties that this process be under-
with the City to determine the scope and sig- taken,not at the point at which the land is ac-
nificance of the Project and its appropriate quired by the Tribe,but when development is
level of review. This consultation will nor- contemplated, and when the development is
mally, but not necessarily, be satisfied by a contemplated,and when the development can
meeting between the Tribal Planning Depart- be described and its impacts forecast.
ment and City Department of Planning and
Building. 3. Administrative Review.
2. Submission of Report. Upon receipt of a Project Report, the City
Manager shall distribute the Project Report to
When any new development or substantial appropriate departments, including Police,
expansion or renovation of a project is pro- Fire, Finance, Public Works, Planning and
posed on land located within the Reservation Building and such other departments as the
and has been acquired by the Tribe, at least City Manager shall deem relevant, such as
ninety (90) days prior to Tribal approval of Parks and Recreation, Tourism, Economic
the project including preliminary or schematic Development,and so forth.It shall be the pur-
design,the Tribe shall submit to the City a re- pose of this administrative review to deter-
port on the Project ("Project Report"). As mine how well the Project conforms with the
used herein,"Reservation"means those lands City's existing rules and regulations; any
whose legal description is set forth in Exhibit health and safety, or welfare concerns; the
A hereto. The Project Report shall include a adequacy of police and fire safety services,
( description of the Project, the preliminary or and other services of the city necessary for the
( schematic plans and drawings for the Project, Project;compatibility of the project with sur-
environmental documents per NEPA, if any, rounding properties; and the fiscal impact of
or any equivalent Tribal document,an analy- the Project. The purpose of the fiscal impact
sis of the compatibility of the proposed Pro- analysis shall be to determine whether the
ject with the City's and the Tribe's develop- Project will pay the normal City fees, taxes
ment standards, an analysis of the fiscal im- charges, and assessments; to the extent that
pact of the Project and a statement identifying any of such revenues will not accrue to the
any manner in which the Project would be ex- city, what will be the resulting financial im-
empt from,or not conform to,any ordinance, pact therefrom;what other direct and indirect
rule,regulation,or standards of the City or of financial impacts, negative or positive, will
the Tribe.The Tribe shall provide any expla- result and what the overall economic impact
nation of any of the foregoing, as they shall will be of the Project on the city.Within thirty
deem reasonable or necessary. The Indian (30)days of the City Manager's receipt of the
Planning Commission, and other Tribal bod- Report from the Tribe,the City shall prepare
ies, will develop this report in accordance the "Administrative Analysis" of the forego-
with applicable federal and Tribal law. The ing information and shall submit the Adminis-
level of detail provided in the Project Report trative Analysis to the City Council for its re-
should be as follows: if a minor project, then view and approval.
similar to the level ofdetail normally required
by the City for architectural review;if major 4. City Council Conformity Report.
project, then similar to the level of detail
which would be required by the City for The City Council shall have thirty (30)days
Planned Development District permit.The de- from the submission of the Administrative
termination of whether a project is major or Analysis to prepare the City Council's Con-
A-27
15
APPENDIX 4
formity Report ("Conformity Report"). The under its Constitution and applicable federal
Conformity Report shall be adopted by the and Tribal law.
City Council at a public meeting.At the same
time that the City Manager submits the Ad- 7. Waiver.
ministrative Report to the City Council, a
copy of the same shall be submitted to the With the approval of both parties, any portion
Tribe. The Tribe shall have ten (10) days to of the foregoing process may be waived if the
prepare its comments on the Administrative Project is not deemed significant, if the Pro-
Analysis for submission to the City Council to ject is found to be conforming,or if due to the
be considered at the time the City Council de- exigencies of time the normal process cannot
termines the Conformity Report. The Con- be accommodated.
fortuity Report shall contain the same subject
matter as the Administrative Analysis. 8. Amendments.
5. Joint Meeting. This Agreement maybe amended by mutual
agreement by the parties,provided that neither
Upon the City Council's adoption of the Con- party may terminate this Agreement,without
formity Report, the Project Report shall be prejudice to any legal position thereafter as-
immediately submitted to the Tribal Council. serted,upon thirty(30)days written notice to
Within thirty(30)days,the Tribal Council and the other party.
the City Council shall schedule a Joint Meet-
ing to discuss the Conformity Report and 9. Approval.
whether any measures should be taken .to
make the Project more conforming with the This Agreement shall be approved by Resolu-
rules,regulations,and ordinances of both the tions of the Tribal Council and the City Coun-
City and the Tribe. cil.
6. Final Tribal Action. 10. Lands Located Inside Reservation and Owned
in Fee by Parties Other than the Tribe.
At the Joint Meeting, or following the Joint
Meeting,the Tribal Council may take any ac- This Agreement will not affect,alter,increase,
Hon authorized by its Constitution, Bylaws, or decrease in any way the jurisdiction that ei-
rules,and ordinances concerning the Project. ther the City or the Tribe may have over the
The Tribal Council shall be free to disregard use or development of parcels of land located
any or all comments in the Conformity Report within the Reservation, which are owned in
or otherwise made by the City Council and fee by parties other than the Tribe.The parties
may approve or modify the Project in any way recognize that federal law already allocates
the Tribal Council deems appropriate.It is ex- such jurisdiction over such parcels,
pressly understood by the parties hereto that
the Tribal Council retains full and complete 11. Lands Located Outside Reservation.
sovereignty to administer Tribal lands in ac-
cordance with the Constitution, Bylaws, and The parties recognize that federal law pro-
Ordinances of the Tribe and applicable federal vides to the City notice and an opportunity to
law. This Agreement deals solely with the express its views on the subject of the pro-
consultation process in which the City is being posed taking of title into trust for the Tribe of
given the opportunity to review and comment parcels located outside the Reservation but
on certain projects being undertaken by the within the city limits of the City in 25 CFR.
Tribe, and the Tribal Council retains full and § 151.1 l(d), as well as time in which to chal-
complete authority to make final decisions lenge such a proposed action before it occurs,
concerning the development of Tribal Land in 25 C.R.F. § 151.12(b). Otherwise, this
Agreement will not affect, alter, increase, or
A-28
16
APPENDIX 4
decrease in anyway the jurisdiction that either
the City or the Tribe may have over the use or
development of such parcels of land.The par-
ties recognize that federal law already allo-
cates such jurisdiction over such parcels.
IN WITNESS WHEREOF, the parties have exe-
cuted this Agreement by their respective authorized offi-
cers on the day and year first above written.
CITY OF PALM SPRINGS, CALIFORNIA
a municipal corporation.
Will Kleindienst, Mayor
Attest:
Judith Sumich, City Clerk
Approved as to form:
David Aleshire, City Attorney
Approved by the City Council
By Res. No. 19450., 1-6-99,A1324-A
AGUA CALIENTE BAND OF CAHUILLA
INDIANS,
a federally-recognized Indian tribe
By:
Richard M. Milanovich,Chairman
Approved as to form:
j Art Bunce, Tribal Attorney
1
A-29
17
Architectural Advisory Committee Minutes
February 24, 2014
7. AGUA CALIENTE BAND OF CAHUILLA INDIANS FOR ARCHITECTURAL
REVIEW OF EIGHTEEN SINGLE-FAMILY RESIDENCES ON
APPROXIMATELY 2.3 ACRES OF VACANT LAND LOCATED AT THE
SOUTHWEST CORNER OF TWIN PALMS AND SOUTH CAMINO REAL
(CASE 5.1323 MISC.). (DN)
Director Wheeler presented the proposed project.
COMMITTEE MEMBER FREDRICKS asked questions re the shrubs.
SENIOR PLANNER DAN MALCOM responded tha b een t terior homes there
will be a list of landscape materials and to the r t' mobil a park is ficus.
There are no walls between the units. Betwee its it is a landscap ip, not screen
landscape.
CHAIR SECOY-JENSEN commented that it is ext onbtonous. The streetscape
is a series of garage doors. She looked at other si rojects that have a rear drive
to have greater front variety. "
APPLICANT CHRIS SAHLIN said t at a so driveway with shared
driveway, but condominium insurance is o c Its etween garages do have a
horizontal element. w- ,
CHAIR SECOY-JF= N AN OMMITTE MEMBER CASSADY concurred with the
sensitivity to park g lems erenced in (s); they are not required to solve the
Ace Hotel parking prob
COMMI F ICKS commented on the south side screening; he
prefe icus Nitida d. ested to break up the monotony of landscaping
an like to see a tre nd non-palm trees arranged so as to break up
monoton epth from t, di rent species and spacing.
M/S/C (Sec nsen/Fr ' ricks, 4-0-3 absent Hirschbein, Purnel and Song)
Recommend ap It ity Council with further study of landscape and entry wall
color and materials.
3 18
Ms. Margo Wheeler, Director February 23, 2014
CITY OF PALM SPRINGS PLANNING DEPARTMENT
3200 E.Tahquitz Canyon Way
Palm Springs, CA 92262
RE: Proposed 18 @ Twin Palms Development
Dear Ms. Wheeler:
I understand the above-referenced matter will be evaluated in a forum open to the public on March 5,
2014. Unfortunately, I will be traveling and not be able to attend that day. I understand from City
Planning that I may list out my concerns in writing in lieu of attending the meeting.
I have been a resident of the Oceo community for the past 2 years, which is in close proximity to the
proposed development. Presently, our community has a huge problem with overflow parking from the
Ace Hotel. This problem includes cars parked illegally in our development, blocking access to homes,
patrons for the ACE Hotel parties returning to their cars after midnight a littering on our development
smoking marijuana, drinking alcoholic beverages until after 2 am. This destroy our ability to have the
needed quite enjoyment of our homes to have restful sleep It also requires us homeowners to patrol the
development on weekend monitoring and clean up beer bottle, smoke busts, urine on our wall and
plants and fast food debris left by intoxicated loiters. Even though we have posted NO ACE HOTEL
PARKING signs at the entrance to our community, we have many, many hotel guests who park in our
community (including overnight parking). It is easy to understand why: I am a long time resident of
Palm Springs and am aware the Ace Hotel was allowed to reduce the parking that was permitted with
the previous business, the Westward HO motel. Though the Ace Hotel may technically have enough
spaces for its overnight visitors, it has nowhere near enough spaces to accommodate the many visitors
to its bar/restaurant/pool areas, especially on busy weekends when it promotes its "club" atmosphere
the over pack the pool area.The environment that is being tolerated is irresponsible and dangerous.
Many hotel guests currently park every day on the vacant land that is the subject of the proposed 18 @
Twin Palms development. This is a huge parcel of vacant land in close proximity to the Ace Hotel, and it
is consistently full of cars on busy weekends. Where will these people park if this vacant land is turned
into housing? One can only conclude that more and more cars of ACE hotel part attendees will be
parking within the Oceo community once this parcel is transformed from a parking lot to homes. I
realize the current landowner is not the cause of this problem, and I do not want to deny them their
building entitlement rights, but it seems that this parking problem should be addressed before it is
exacerbated by the removal of vacant land and the erection of more homes in such close proximity to
the Ace Hotel.
A review of the site plan for this proposed development also begs the question of where are guests of
the new homes to park. Clearly, there is no proposed parking on site with the exception of each home's
2 car garage. Where will their visitors and guest's park? On the neighboring public streets which are
19
already packed due to the Ace? I noticed that the residents at 7 @ Twin Palms (which is even further
from the Ace than Oceo) got so fed up with the Ace Hotel parking on Camino Real that the City imposed
a "no overnight" parking restriction on the portion of Camino Real that borders their homes (thus
further restricting the supply of available parking spaces). One can only imagine that the owners of new
homes at 18 @ Twin Palms will have the same issues, and seek the same parking restrictions as did the
owners of 7 @ Twin Palms. Even if the City erects "No Parking" signs everywhere, it will not solve the
fundamental problem: The Ace has too many guests and visitors given its limited parking.
Something needs to be done to keep residents of our development safe, and able to enjoy their homes.
Either provides more parking areas for the Ace to lease or revoke the Ace's conditional use permit such
that it is limited to being a hotel and not a club. If the City won't choose the latter option, then it is
incumbent on the City to facilitate finding additional parking for the Ace before removing parking areas
and allowing the building of more homes directly across the street from the Ace.
It is for these reasons I oppose the development in its current request and for the city agencies to
evaluate and correct the unacceptable and dangerous manner the ACE Hotel is operating. Thank you for
your consideration.
Sincerely,
Paul Sanford
862 Oceo Circle South
Palm Springs, CA 92664
Psa nford 1000dea rthlink.net
20
Ms. Margo Wheeler, Director February 20, 2014
CITY OF PALM SPRINGS PLANNING DEPARTMENT
3200 E.Tahquitz Canyon Way ,•',-(`F; `,: `,;
Palm Springs,CA 92262
RE: Proposed 18 @ Twin Palms Development
Dear Ms. Wheeler:
I understand the above-referenced matter will be discussed in a forum open to the public on 5 March
2014. Unfortunately, I will be not be able to attend that day. However, I understand from Glenn Mlaker
that I may list out my concerns in writing in lieu of attending the meeting.
I am a resident of the Oceo community which is in close proximity to the proposed development.
Presently, our community has a huge problem with overflow parking from the Ace Hotel. Even though
we have posted NO ACE HOTEL PARKING signs at the entrance to our community, we have many, many
hotel guests who park in our community(including overnight parking). It is easy to understand why:
Though the Ace Hotel may technically have enough spaces for its overnight visitors, it has nowhere near
enough spaces to accommodate the many visitors to its bar/restaurant/pool areas, especially on busy
weekends when it promotes its"club" atmosphere.
Many hotel guests currently park on the vacant land that is the subject of the proposed 18 @ Twin
Palms development. This is a huge parcel of vacant land in close proximity to the Ace Hotel, and it is
consistently full of cars on busy weekends. Where will these people park if this vacant land is turned
into housing? One can only conclude that more and more cars will be parking within the Oceo
community once this parcel is transformed from a parking lot to homes. I realize the current landowner
is not the cause of this problem, and I do not want to deny them their building entitlement rights, but it
seems that this parking problem should be addressed before it is exacerbated by the removal of vacant
land and the erection of more homes in such close proximity to the Ace Hotel.
A review of the site plan for this proposed development also begs the question of where are guests of
the new homes to park? Clearly,there is no proposed parking on site with the exception of each home's
21
2 car garage. Where will their visitors and guests park? On the neighboring public streets which are
already packed due to the Ace? I noticed that the residents at 7 @ Twin Palms(which is even further
from the Ace than Oceo)got so fed up with the Ace Hotel parking on Camino Real that the City imposed
a "no overnight" parking restriction on the portion of Camino Real that borders their homes(thus
further restricting the supply of available parking spaces). One can only imagine that the owners of new
homes at 18 @ Twin Palms will have the same issues, and seek the same parking restrictions as did the
owners of 7 @ Twin Palms. Even if the City erects "No Parking' signs everywhere, it won't solve the
fundamental problem: The Ace has too many guests and visitors given its limited parking.
Something needs to be done. Either provide more parking areas for the Ace to lease or revoke the Ace's
conditional use permit such that it is limited to being a hotel and not a club. If the City won't choose the
latter option, then it is incumbent on the City to facilitate finding additional parking for the Ace before
removing parking areas and allowing the building of more homes directly across the street from the Ace.
Thank you for allowing me to share my thoughts.
Sincerely,
-:�t A -? L,�
Mark G. Hoglund
863 Oceo Circle North
Palm Springs,CA 92664
mghoglund@yahoo.com
22
Print Page 1 of I
Via Email:margo.wheeler@palmsprings-ca.gov
Via Email:glenn.mlaker@palmsprings-ca.gov
Margo Wheeler, Planning Services Director
City of Palm Springs
Planning Services Department
3200 E. Tahquitz Canyon Way
Palm Springs,California 92263
Regarding: 18@Twin Palms, Planning Case No.5.1323 Misc(Project)
My name is OL 4�v' .O*. I reside at V�FCceo Circle South, Palm Springs,CA,which is located to the
immediate northeast of the subject property,the site of the proposed Project. Since I have lived here,the
Ace Hotel's parking consumes the entire area;the development of the Project greatly heightens the
environmental and parking problems of this Twin Palms area. We do not have any issue against the Ace
Hotel,which brings a dynamic energy to the area;the problem is that the Ace Hotel runs much more than a
hotel, which is likely the reason that its parking lots are frequently full and why the parking extends to all
streets around this area. More importantly,on many days,including virtually every Thursday through
Sunday,the entire north frontage of the subject Project property is filled with at least 50 cars(attached are
pictures of atypical day). If the Project were built, all these 50"spaces"would disappear, causing further and
much greater parking problems in the area, and there are no immediate areas that can absorb those spaces.
We realize that the Project would be built on Tribal land and that the Tribe is free to lease its land to anyone,
which we respect. In our opinion, however,the Tribe could and should lease the land to the Ace Hotel for a
parking lot. We do not know the proposed lease payments;but we are generally familiar with Tribe lease
payments throughout the south end of Palm Springs. They seem to average about$140 per month per
home. For the 18 homes proposed by the developer in the Project,this would mean a payment to the Tribe
of$2,520 per month,or$30,240 per year. We also do not know the profitability or the costs that the Ace
Hotel has,or if the Ace Hotel would agree to lease the subject land from the Tribe, but we believe that
$30,000 a year would be insignificant compared to the additional revenues the Ace Hotel gains from
operating more than a hotel. We believe that the Ace Hotel would also be affected by the loss of the 50
spaces now used and that it would benefit from controlling an entire parking lot behind its hotel. The Ace
Hotel parking problems cause other problems for us in the neighborhood. That is,the patrons roll out of the
Hotel all hours of the day and night, but especially late and very late at night. When they do, they are
frequently loud and many of them have alcohol containers,which they throw around indiscriminately. By
having most of the Hotel's patrons going to the Hotel's controlled lots,we believe the existing problems
would go away.
Respectful) u rr�►/�t
Project Ne oN
PS /y@t �yq1 sa� 3 �rfa�y G?ln jeeh /76r��ns Jh vre
https://us-mg4.mail.yahoo.com/neo/launch?.rand=3oa7adnpsg3dv 2/24/2014
Margo Wheeler
From: Mike Grace <mgrace@docdefender.com>
Sent: Monday, February 24, 2014 7:01 PM
To: Margo Wheeler
Subject: 18@Twin Palms, Planning Case No. 5.1323 (Proposed Project)
My name is Mike Grace. I reside at 905 Oceo Circle North, Palm Springs, CA 92264 which is located to the immediate
northeast of the subject property, the site of the propose Project. Since I have live here,the Ace Hotel's parking
consume the entire area. The development of the Project would greatly worsen the environmental and parking
problems of this Twin Palms area. Particularly between Thursdays and Sunday, parking is a nightmare because the Ace
Hotel operates much more than a hotel on its site. I strongly support the notion that the Tribe lease its land to the Ace
Hotel for additional parking. If the Project goes forward as planned the street frontage parking accommodating
approximately 50 cars will disappear and exacerbate an already difficult situation. Please do NOT allow the proposed
project to go forward as planned.
Sincerely, Mike Grace
24
t